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AR HB1486

Bill

Status

Failed

4/24/2019

Primary Sponsor

Jimmie Gazaway

Click for details

Origin

House of Representatives

92nd General Assembly (2019 Regular)

AI Summary

  • Amends Arkansas Code § 9-10-113 to establish that the biological mother is the legal primary custodian of a child born outside of marriage when paternity has not been established through court order, birth certificate, acknowledgement of paternity filing, or DNA testing.

  • Requires custody to be determined under § 9-13-101 (standard custody law) once paternity is established through any of the four specified methods.

  • Allows a biological father who has established paternity to petition the circuit court for custody by demonstrating he is a fit parent, has assumed responsibility for the child's care and support, and that custody is in the child's best interest.

  • Protects parental rights by providing that a court cannot find a parent failed to establish a parental relationship if the other parent willfully concealed or withheld the child, and may consider this a material change of circumstances.

  • Amends Arkansas Code § 9-13-101(a)(1)(A) to apply custody award standards to all cases rather than only divorce actions, and establishes that joint custody is favored in Arkansas.

Legislative Description

To Amend The Law Concerning Custody Of A Child Born Outside Of Marriage.

Last Action

Died on House Calendar at Sine Die Adjournment

4/24/2019

Committee Referrals

Judiciary2/18/2019

Full Bill Text

No bill text available